Dispute Support Services
Our practice combines global reach with dedicated local teams to provide relevant expertise and robust, fact-based opinions and counsel. The depth and breadth of our resources offer a pivotal advantage in investigating issues and problems that extend across borders and affect multinational organizations.
Our professionals offer expertise in early case assessment, class certification, discovery assistance, quantification of exposure, claim preparation, and rebuttal and expert witness testimony. We can draw upon our global network of professionals including forensic accountants, analysts, fraud investigators, actuaries, forensic technologists, and legal experts - all leaders in their respective fields, to assist you throughout a dispute process, whether in an informal forum or in litigation, mediation or arbitration.
Whatever the dispute resolution process, our expertise ensures that all relevant facts and issues are investigated, analyzed, and presented in a clear, objective manner.
We offer expertise in a variety of specialist areas, including
- General commercial disputes
- Transaction-related disputes
- Intellectual property disputes
- Antitrust/competition disputes
- Capital project disputes
- Government contract disputes
Forensic Accounting & Financial Investigations
Corporate crime poses a real and substantial threat to business stability. Undetected and unchecked, it can create costly long-term problems. Dealing with suspicions of white-collar crime requires much more than simple know-how. It requires speed, sensitivity and discretion. It also requires in-depth knowledge of the legal and regulatory framework in each jurisdiction.
We bring unparalleled technological and human resources to investigating fraud, and to analyzing and reducing vulnerability to all forms of business crime.
Areas of specialization include
- Anti-money laundering measures
- Asset misappropriation investigation
- Corruption & bribery controls and investigation
- Uncovering financial misrepresentation
- Regulatory investigations
We appreciate the need to stop illegal activity, safeguard your company's assets and reputation, prevent recurrences, and arrive at a resolution, all with as little disruption as possible to the regular flow of business.
During their investigations, our forensic experts pursue a four-front strategy
- Minimize business disruptions, financial loss, and reputational damage;
- Identify the perpetrators and uncover actionable evidence;
- Trace and retrieve stolen/missing assets as fully as possible;
- Recommend and/or implement effective remedial action to forestall future incidents
In a world of highly competitive markets, global outsourcing, and increasing market pressures, maximizing the value of intangible assets has become a common topic in the boardroom. Whether it is a trademark, trade secret or patent, many companies find that licensing intellectual property (IP) is the strategic answer to maximizing profits from intangible assets. Strategic alliances, licensing agreements, globalization, and an increasingly competitive environment necessitate a proactive, rather than reactive, attitude towards IP.
We have a great many years of experience in matters relating to licensing management and revenue recovery. While we work primarily with licensors, we also assist licensees by reviewing royalty agreements, ensuring compliance and resolving disputes.
Our professionals have extensive IP knowledge and a broad range of industry experience including technology (software, hardware, telecoms, and chip designers), pharmaceuticals, entertainment, publishing, consumer goods (branded products), and manufacturing. The Licensing Management practice has three things that significantly set it apart from the rest: a forensic approach, a well-integrated global network and superior client service. Our forensic approach delves much deeper than a typical "agreed upon procedures" approach which many of our competitors use. Many of our clients operate globally, so having a truly global network that can be deployed anywhere in the world gives PwC unique advantages. And our service to clients adds value that can be seen in the bottom line: In more than 80% of the royalty examinations we undertake for our clients, we uncover underreported revenues due to clerical errors, accounting mistakes or contract misunderstandings.
PwC can help you
- Assess risks to the license portfolio
- Develop strategies to manage, monitor and control that portfolio
- Establish compliance programs for licensing, distribution, pricing and other contractual agreements
- Conduct forensic-based royalty examinations
- Carry out commercial reviews of royalty and financial provisions in agreements
- Advise on royalty rates and licensing fees
- Assist licensees prepare for a royalty examination
- Act as expert witness
Forensic Technology Solutions
With more than 90% of all business records now created and stored electronically, no inquiry process can be truly comprehensive without giving consideration to these records. As a result, the recovery and analysis of electronic data has become an essential part of investigations and dispute resolution.
Efficiently and effectively identifying, preserving, retrieving and analyzing electronic data in support of an investigation is fundamental to understanding and resolving disputes, and requires that the following questions be addressed:
- What relevant electronic and hard copy records exist?
- Where is the information located and what systems contain relevant data
- Have appropriate steps been taken to avoid overwriting data that could result in spoliation claims?
- Do backups exist? And if so, how and where are they maintained?
Our teams are backed by the most sophisticated research capabilities available. In secure computer labs located around the world, PwC’s forensic technology experts use advanced proprietary tools and data mining techniques to identify fraud patterns; electronic document management to retrieve paper records; and forensic computing to capture and manage evidence. Data is analyzed using the same meticulous techniques employed by law enforcement and regulatory agencies - ensuring that the evidence we uncover is fully admissible in court. Our forensic teams are able to process huge volumes of documents, emails, and accounting data to support legal disputes or investigations. Companies also frequently call on our technical expertise to expose computer misuse or cybercrime.